STATE EX REL. MURRAY v. MAGGIO

No. 83-KH-2110.

488 So.2d 180 (1986)

STATE of Louisiana ex rel. Robert H. MURRAY v. Ross MAGGIO, Jr., Warden, Louisiana State Penitentiary.

Supreme Court of Louisiana.

May 9, 1986.


Attorney(s) appearing for the Case

Calvin Johnson, New Orleans, for plaintiff-relator.

William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Harry F. Connick, Dist. Atty., for defendant-respondent.


PER CURIAM.

When we granted writs in this case, our principal concerns were that relator had been tried by the wrong number of persons on his conviction in 1958 for attempted simple burglary, and that the state's use of his two 1971 felony convictions in its multiple bill, the basis for the trial court's adjudication of relator as a fifth offender, violated the rule of State v. Simmons, 422 So.2d 138 (La.1982). A review of...

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